Real-Time Court Decisions and Other Developments in Asbestos Litigation.
The plaintiffs filed a motion for leave to file an amended complaint to add Taylor-Seidenbach, Inc., a non-diverse defendant, and to reflect additional facts and information. The court denied the plaintiffs’ motion. This case was originally filed in state court and removed to federal court by defendants Puget Sound Commerce Center, Vigor Industrial LLC, and … Continued
The defendants (pump and valve manufactures) filed a motion in limine to exclude certain studies and videos produced by the plaintiff’s expert Dr. James Millette. The defendants challenged two aspects of Dr. Millette’s proposed testimony. First, they argued that some — but not all — of the academic studies that Dr. Millette relied on are … Continued
The defendants moved in limine to preclude testimony of the plaintiffs’ experts Drs. Kradin, Kraus and Parker for their reliance on the “each and every exposure” methodology of causation. The court began its analysis by stating the standard for expert qualification, which includes: 1) the expert’s scientific, technical, or other specialized knowledge will help the … Continued
William Bell alleged routine exposure to asbestos while serving as an engine man, machinery repairman, and a machinist mate in the United States Navy in the 1960s. Bell further alleged he was exposed to asbestos both while serving at sea on four ships as well as while training at a land-based Navy facility in Idaho. … Continued
Plaintiff William Bozeman brought suit alleging exposure to asbestos and asbestos-containing products caused him to contract mesothelioma. Mr. Bozeman, a Louisiana resident, worked for Arizona Chemical Company, later known as International Paper Company, from 1975 to 1981 and 1981 to 1999 in Louisiana and claims he was exposed while on the job. He filed suit … Continued
The plaintiff brought an action against multiple defendants for his alleged occupational exposure to lung cancer while working as a longshoreman for different stevedoring companies from 1954-1979. Included with the numerous defendants was Industrial Development Corporation of South Africa, Ltd. (IDC) and South African Marine. The plaintiff’s claims included negligence, strict liability, intentional tort, and … Continued
The plaintiffs, Dwayne Bourdeaux, Gerilyn Cook, and Bryan Bourdeaux, Individually and as Proper Parties in Interest for Gerald Bourdeaux, filed suit in Louisiana alleging that Gerald Bourdeaux lung cancer diagnosis and eventual death was asbestos exposure. In support of this claim, the plaintiffs offered Dr. Gerald E. Liuzza, a pathologist, as an expert witness to … Continued
The plaintiffs’ decedent, Elizabeth Sutherland, alleged take-home exposure to asbestos from her first husband’s work clothes. The plaintiff’s first husband, James “Huey” Chustz, worked as an electrician helper for Hershel Leonard Jr. Electric Company from 1964-72. At minimum, he spent 250 days at the sugar mill Alma Plantation, LLC, where he would become covered in … Continued
In this case, the plaintiff, Frank Williams, brought an action in the Civil District Court for the Parish of Orleans for exposure to asbestos while working as a mechanical engineer for Lockheed Martin. Lockheed Martin removed the case to on the basis of a potential federal defense. The plaintiff filed a motion to remand, but … Continued
In this case, the plaintiff alleged exposure through his father’s work close from 1953 through the 1970s. The plaintiff’s father worked at the Exxon Baton Rouge facility. The plaintiff also claimed exposure to asbestos as an adult while working as a carpenter at various residential construction sites and as a contractor at Exxon between 1965 … Continued